Office of the Saskatchewan Information and Privacy Commissioner. A Guide to Submissions. Effective Sept. 2020. Updated Dec. 2022. 21 as detailed. In a case with multiple records and multiple exemptions, public bodies/trustees are encouraged to consider this structure. Obviously public bodies/trustees will have to adapt the structure to the circumstances of the case. Solicitor-Client Privilege The Commissioner’s office has established a process to consider a claim of solicitor-client privilege. See The Rules of Procedure, Part 9. When considering claiming solicitor-client privilege, public bodies have two options when preparing records for review with the Commissioner’s office: 1. Provide the documents to the Commissioner’s office with a cover letter stating the public body/trustee is not waiving the privilege, or 2. Provide the Commissioner’s office with an affidavit with a schedule of records and a copy of the redacted record. Prior to writing, the public body/trustee needs to decide how it will proceed in providing the record to the Commissioner. Once decided, this will impact how the submission is written. If the public body/trustee is providing the Commissioner with the documents, the public body/trustee can address the specific document numbers in making the submission. If the public body/trustee provides an affidavit, the public body/trustee can refer to the affidavit in the submission. Adapt the Attached Template Appendix B, to this guide, is a template that the public body/trustee can use to make their submission. The public body/trustee should adapt the template to meet the needs of the public body/trustee. The template is intended to be a good starting point. If you are a Third Party If a head of a public body or trustee intends to release a record that affects a third party, the third party can request a review by the Commissioner pursuant to subsection 49(3) of FOIP (section 38 of LA FOIP and section 42 of HIPA). A third party is defined at subsection 2(1)(j) of FOIP and subsection 2(k) of LA FOIP. The Commissioner’s office has found that generally, third parties resist release of their information. Although this is common, third parties should examine section 19 of FOIP (section 18 of LA FOIP, subsection 38(1)(c) of HIPA) to determine whether they have grounds to oppose the release of the information.
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